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US State age verification laws for adult content

An ever growing number of state in the USA have recently enacted and about half have already implemented several laws mandating age verification. We’ve compiled a list detailing these laws, their effective dates, and brief summaries of their requirements.

Please be aware that the information provided below is for reference purposes only and should not be construed as legal advice. While we strive for accuracy, we cannot guarantee 100% correctness.

As of May 2024, 17 states have passed laws requiring age verification to access online pornography:

1.     Louisiana  Louisiana Act 440 

Louisiana HB 77

January 1, 2023

August 1, 2023

2.    Utah Utah SB 287 May 2, 2023
3.    Mississippi Mississippi SB 2346 July 1, 2023
4.    Virginia Virginia SB 1515 July 1, 2023
5.    Arkansas Arkansas SB 66 July 31, 2023
6.    Texas Texas HB 1181

Texas HB 18

September 1, 2023

September 1, 2024

7.    Montana Montana SB 544 January 1, 2024
8.    North Carolina North Carolina HB 8

North Carolina HB 534

January 1, 2024
9.    Indiana Indiana SB 17 January 1, 2024
10.   Idaho Idaho H 498 July 1, 2024
11.   Kansas Kansas SB 394

Kansas HB 2592

July 1, 2024
12.   Georgia Georgia SB 351 July 1, 2024
13.   Kentucky Kentucky HB 278 July 3, 2024
14.   Nebraska Nebraska LB 1092 July 18, 2024
15.   Oklahoma Oklahoma SB 1959 November 1, 2024
16.   Alabama Alabama HB 164 October 1, 2024
17.   Florida Florida HB 3 January 1, 2025

 

January 1, 2023

Louisiana Act 440 Makes commercial websites where more than one-third of their content is pornographic liable to being sued for damages by individuals unless age verification using (1) digital ID card or (2) government-issued ID or (2) a commercial reasonable method based on transaction data (e.g. mortgage, education, employment)

May 2, 2023

Utah SB 287 Makes commercial websites where more than one-third of their content is pornographic liable to being sued for damages by individuals unless age verification using (1) government-issued ID or (2) a commercial reasonable method based on transaction data (e.g. mortgage, education, employment)

July 1, 2023

Mississippi SB 2346 Makes commercial websites where more than one-third of their content is pornographic liable to being sued for damages by individuals unless age verification using (1) state-approved digital ID, (2) independent, third-party age verification services checking authoritative databases or (3) a commercial reasonable method based on transaction data (e.g. mortgage, education, employment)

Virginia SB 1515 Makes commercial websites where more than one-third of their content is pornographic liable to being sued for damages by individuals unless age verification using (1) commercially available database or (2) a commercial reasonable method of age and identity verification

July 23, 2023

Arkansas SB 66 Makes commercial websites where more than one-third of their content is pornographic liable to being sued for damages by individuals unless age verification using (1) state-approved digital ID, (2) government-issued ID or (3) a commercial reasonable method that holds identity assurance level 2 (for IAL2 definition, see NIST)

August 1, 2023

Louisiana HB 77 Gives commercial websites where more than one-third of their content is pornographic 30 days to remedy a failure to provide age verification before the Attorney-General can take legal action to impose a fine of $5k per day or $10k if done knowingly (the “PAVE Act”)

September 1, 2023

Texas HB 1181 – Makes commercial websites where more than one-third of their content is pornographic liable to being sued for damages by individuals unless age verification using (1) digitized ID card (not defined), or a commercial age verification system based on (2a) government-issued ID or (2b) a commercial reasonable method based on transaction data (e.g. mortgage, education, employment).

January 1, 2024

Montana SB 544 Makes commercial websites where more than one-third of their content is pornographic liable to being sued for damages by individuals unless age verification using (1) digitized ID card (not defined), or a commercial age verification system based on (2a) government-issued ID or (2b) a commercial reasonable method based on transaction data (e.g. mortgage, education, employment)

North Carolina HB 8 The law stipulates that any commercial entity sharing online content deemed harmful to minors must confirm the age of users attempting to access such material. While the legislation doesn’t prescribe a specific age verification technique, it mandates the utilisation of either a commercially accessible database or another commercially sensible approach for ensuring or estimating the age of users.

North Carolina HB 534 Requires websites where at least one-third of the content is pornographic to perform “reasonable age verification” to prevent minors from accessing the harmful material.

Indiana SB 17 Requires an adult oriented website operator that displays material harmful to minors to use a reasonable age verification method to prevent a minor from accessing an adult oriented website.

July 1, 2024

Idaho H 498 Requires websites where at least one-third of the content is pornographic to perform “reasonable age verification” to prevent minors from accessing the harmful material.

Kansas SB 394 Requires any commercial entity that knowingly shares or distributes material that is harmful to minors on a website, and the material appears on 25.0 percent or more of the webpages viewed on the website in any calendar month, or that knowingly hosts the website, to verify any person who is a resident of or is located in the state attempting to access the site is 18 years of age or older.

Kansas HB 2592 Requires the use of age-verification technology to permit access to internet websites containing material that is harmful to minors.

Georgia SB 351 Requires social media companies to verify the age of users and gain parental consent for under 16’s.

July 3, 2024

Kentucky HB 278 Retain original provisions except, new sections of KRS Chapter 436 to declare legislative findings relating to pornography; define terms; establish a civil cause of action against any commercial entity that publishes matter harmful to minors on the internet without obtaining age verification; require removal of personal data following review for access; establish civil causes of action for violations; establish limitations on applicability and liability.

July 18, 2024

Nebraska LB 1092 Requires websites where at least one-third of the content is pornographic to  perform “reasonable age verification” to prevent minors from accessing the harmful material.

September 1, 2024

Texas HB 18  Requires digital service providers to implement age verification measures if knowingly hosting “harmful” or “obscene” content. Allows parents more control over their children’s usage. A joint legislative study is required into the harms of various types of media on children.

November 1, 2024

Oklahoma SB 1959 Prohibits commercial entities from distributing adult material without age verification.

October 1, 2024

Alabama HB 164 Requires websites where at least one-third of the content is pornographic to perform “reasonable age verification” to prevent minors from accessing the harmful material. Pornographic websites are also required to display a health warning.

January 1, 2025

Florida HB 3 Requires websites where at least one-third of the content is pornographic to perform “reasonable method of age verification” to prevent minors from accessing the harmful material.